Government Ousted in Kyrgyzstan

Government Ousted in Kyrgyzstan

By Alok Bhatt
Impunity Watch Reporter, Asia

TALAS, Kyrgyzstan – After prolonged street demonstrations and aggressive anti-government rallying, the opposition party successfully ousted the government in the central-Asian state of Kyrgyzstan.  Following a period of extensive unrest and violence, control of the government was taken after opposition leaders were able to gain dominance over security headquarters, television and numerous government buildings.  Command of the interior ministry of Kyrgyzstan, as well as the security structure of the state, have been fully replaced.

Rozun Otonbayeva, former foreign minister of the previous regime, has been instated as a tentative head of state until a more comprehensive governmental structure can be established.  The new regime aspires to build upon the current interim government within six months.  Opposition leaders hope also to draft a new constitution and establish fair election terms within that time.  The leaders of the new regime also hope to create conditions conducive to holding such democratic processes.

Although the actual replacement of Kyrgyzstan’s infrastructure seemed to have happened abruptly, the  causes and actions culminating in such a monumental event have persisted for a number of years.  President Bakiyev, Kyrgyzstan’s head of state prior to the shift in rule, has been continually accused of cronyism and corruption by his people.  He often gave his close associates and family members top economic positions for which they were not qualified, resulting in self-serving and unhelpful financial policies.  Bakiyev’s predecessor, Aksar Akayev, was also charged of similar violations.  Coincidentally, he too was later forcefully removed from the government.

Bakiyev, however, promised numerous reformations and improvements upon then-current mechanisms throughout his five-year rule.  Rather than substantiating these promises, Bakiyev took more counterintuitive measures and even began cracking down on media outlets reporting on his exploits.  He has also used coercive means to quell rallying, such as threatening prominent opposition leaders with violence and abusing his political influence to begin criminal investigations against them.

The rising cost of energy in Kyrgyzstan, identified as the reason for Wednesday’s street protests, has also invoked the ire of the people.   However, many poor nationals joined the rioting because of Bakiyev’s general negligence in taking affirmative steps towards improving their condition.

As of Wednesday, the death toll in the rioting is determined to be forty.  Many more were maimed and injured by security forces.  Despite the tragic costs, however, the new regime of Kyrgyzstan seems to have a plan for a more transparent and fair form of rule.

For more information, please see:

Al-Jazeera – Kyrgyzstan opposition ‘seizes power’ – 08 April 2010

BBC – Q&A: Kyrgzstan unrest – 08 April 2010

Washington Post – US voices concern as protests plunge Kyrgyzstan into chaos – 07 April 2010

World Powers Discuss Sanctions Against Iran

By Bobby Rajabi

Impunity Watch Reporter, Middle East

TEHRAN, Iran – On April 8, the United Nations Ambassadors of six world powers met to discuss the possibility of new sanctions being imposed against the Islamic Republic of Iran. The countries that attended were the United States, China, Great Britain, France, Germany and Russia.  The meeting took place in New York and was a forum for the world powers to express their concern with Iran’s developing nuclear program.

Those who attended later spoke of how while the talks were productive, there will more meetings int he coming weeks. China and Russia have thus far refused to back any of the new measures proposed by the United States and European states. The two countries have repeatedly stated that the negotiations have not been exhausted in efforts to persuade the Islamic Republic to rein in its nuclear program.

Russia’s President, Dmitry Medvedev, later commented that his country is concerned about Iran, saying that, “We cannot turn a blind eye to this.” He also added that Russia favored “smart” sanctions. Medvedev noted that he favors sanctions that will change the government’s behavior as opposed to resolutions that will bring down the government or impose hardship on its people The Russian President also expressed concern about the Islamic Republic’s lack of cooperation, saying that, “unfortunately Tehran is not reacting to an array of constructive compromise proposals.”

Iran has repeatedly insisted that its uranium enrichment program is for peaceful purposes. Top leaders in the country lashed out against Western nations over the threats of new sanctions. Iranian President Mahmoud Ahmadinejad attacked comments by US President Barack Obama where the American president emphasized his goal of working with Russia and the UN Security Council to pass sanctions against the Islamic Republic. Ahmadinejad said that his country does not welcome the idea or threat of new sanctions.

Iranian commander General Hassan Firouzabadi used more pointed language, saying that Iran was willing to strike back at United States forces in the Middle East if it is attacked. Despite the strongly worded statements, Iran insists that it needs to highly enriched uranium for research, not for the development of nuclear weapons.

For more information, please see:

Al Jazeera – Talks Begin on Iran Sanctions – 9 April 2010

BBC – World Powers Hold UN Meeting on Iran Nuclear Sanctions – 8 April 2010

Voice of America – Iranian Leaders Criticize New Threat of International Sanctions – 8 April 2010

American Born Cleric Targeted By CIA

By Ahmad Shihadah

Impunity Watch, Middle East Desk

WASHINGTON D.C., USA – The Obama administration has authorized the CIA to capture or kill the New Mexico-born Muslim cleric believed to be in Yemen. He is thought to have taken on an operational role in terrorist plots.

Anwar Awlaki, 38, who was born in New Mexico, recently was added to the CIA target list after a special government review of his activities, prompted by his status as a U.S. citizen, one of the officials said.

Last month, in an audio message, Awlaki called on American Muslims to revolt against the U.S. government because of its actions against other Muslims around the world.

Awlaki is now considered a legitimate target for military strikes and lethal CIA operations.  He has ties to the Nigerian man accused of attempting to detonate an explosive device in his underwear on a flight from Amsterdam to Detroit on Christmas Day, according to the Post. Officials said Awlaki also corresponded by e-mail with Maj. Nidal M. Hasan, the Army psychiatrist accused of killing 13 people at Fort Hood, Texas, last year.

Over the past year, the US has increased the number of militants it has killed or captured, with those killed seeing the most pointed rise, says Thomas Sanderson, deputy director of the transnational threats program at the Center for Strategic and International Studies, a think tank in Washington. That rise is due to a “confluence of factors,” including better intelligence, more targeting, and increased cooperation between the US and Pakistan, he says.

Yemen has intensified its campaign against al-Qaida militants after the group’s local branch claimed responsibility for the failed bombing of the plane in December.

For More Information, Please See:

The Christian Science Monitor – Anwar Al-Awlaki: Is It Legal To Kill An American In War On Terror? – 7 April 2010

LA Times – U.S. Citizen Anwar Awlaki Added To CIA Target List – 7 April 2010

Politics Daily – American Cleric In Yemen Targeted By CIA – 7 April 2010

VOA News – Reports CIA Authorized To Kill US-Born Cleric – 7 April 2010

Baltasar Garzón to be Tried for ‘Knowingly Overreaching’ his Jurisdiction Through Investigation of Franco-Era Disappearances

By Elizabeth A. Conger
Impunity Watch Reporter, Europe

MADRID, Spain – Spain’s crusading human rights judge, Baltasar Garzón, is to be tried for “knowingly overreaching” his jurisdiction through his investigation into the disappearance of tens of thousands of people during the Spanish Civil War and the dictatorship of General Francisco Franco. Garzón has been suspended from his job while he awaits the start of the trial, which is likely to begin in June.

Charges that Garzón exceeded his power were first brought by the far-right lobby group, Manos Limpias (Clean Hands), and fringe fascist party, Falange Española. They alleged that Garzón deliberately and knowingly overstepped his powers by pursuing an investigation into 114,000 people who disappeared during and after the 1936-1939 Spanish Civil War, and the subsequent dictatorship of General Francisco Franco, which ended in 1975.

Luciano Varela, a Supreme Court magistrate, ordered Garzón to stand trial on the basis of the allegations. Varela argued that Garzón proceeded with the inquiry despite being “aware of his lack of jurisdiction” under a 1977 amnesty for crimes committed during the Franco regime. The amnesty law pardoned politically motivated crimes committed during that period, and is part of the “pact of silence” which was implemented to ease Spain’s transition from a right-wing dictatorship to a democracy.

Garzón began looking into the disappearances in the summer of 2008, and ordered the Catholic Church and government ministries to provide him with information on the missing people. He reluctantly stepped away from the probe a few months later after a dispute over jurisdiction, and the investigations were transferred to lower courts. 

Families of the victims have hailed Garzón as a hero, and many have begun to dig up the mass graves left behind by Franco’s death squads.

Garzón has argued that the amnesty has no force because the crimes committed during the war and the Franco regime were politically motivated crimes against humanity. He has also asserted that no statute of limitations exists where crimes against humanity are involved.

Garzón has earned a global reputation for his use of international human rights law against former South American military regimes, and is responsible for the 1998 arrest of former Chilean dictator August Pinochet in London. He is also the world’s leading practitioner of universal jurisdiction, which holds that in exceptional crimes – such as crimes against humanity – jurisdiction is not limited to the country where the crime was committed. During the course of the  past year Spanish legislators have sought to curtail Garzón’s employment of the doctrine of universal jurisdiction.

British human rights lawyer, Geoffrey Robertson QC, told the Guardian:

“[Garzón’s] ruling that there can be no posthumous impunity for crimes against humanity is important to all descendants of the victims of such crimes worldwide, whether they be from the Armenian genocide or the Nazi holocaust . . . As a matter of international criminal law he was undoubtedly right.”

He added: “This is a trial of the integrity of Spain’s judges and of the reputation of Spanish jurists who will, if they find for the prosecution, be held in universal contempt by international lawyers.”

Carolyn Lamm, president of the American Bar Association, wrote in a public letter to Spain’s Attorney General:

“Numerous sources of international law suggest that amnesties for crimes against humanity are inconsistent with a State’s obligations to protect human rights, including the right of access to justice . . . It is difficult in light of these principles to view [Garzón’s] ruling as legally indefensible, or as warranting criminal prosecution.”

She added: “The big question is why the Supreme Court isn’t satisfied with simply annulling his decisions . . . Why do they have to treat him like a criminal?”

Garzón’s suspension from the National Court will prevent him from pursuing several high profile cases currently underway. If he is found guilty he could be removed from the bench for twelve to twenty years – effectively ending the fifty four year-old judge’s career.

For more information, please see:

BBC – Spanish judge Garzon face trial over Franco probe – 7 April 2010

Guardian – Crusading Spanish judge faces abuse of powers trial – 7 April 2010

EiTB – Spanish judge Garzon faces trial over abuse of power in war case – 7 April 2010

Time – In Spain, a Crusading Judge Faces a Trial of His Own – 7 April 2010

Nato Admits to Killings of Civilians in Afghanistan

By Alok Bhatt
Impunity Watch Reporter, Asia

GARDEZ, Afghanistan – Nato forces have once again caused the deaths of Afghan civilians through indiscriminate use of military force.  There have been numerous instances of inadvertent killings of civilians by Nato forces.  Unintentional violence against innocent non-combatants have claimed the lives of men, women, children, creating much friction between the Aghan nationals and Nato forces.

One of the most recent controversies stems from an incident occurring in February.  Nato forces executing a raid operation entered the residence of a civilian family, under the impression that an armed combatant had entered the home.  Upon entering the home, the Nato forces encountered two armed men.  The Nato foroces proceeded to shoot down the two armed men, but their fire also took the likes of three women.  It was only later that Nato confirmed that the two men shot down were not Taliban fighters, but merely civilians who took up arms to protect their family against the reasonably perceived threat of Nato forces.  Furthermore, the Nato forces who examined the civilian residence after the discharge of gunfire initially claimed that the women in the home were dead when they got inside, gagged and bound on the floor.  This was later discovered to be not true, as the women were bound in preparation for their burial.

Also, it has been reported that Nato admitted to its killings after a claim was made that soldiers had been removing bullets from bodies to obscure the truth of the matter.  Successful deception may also have the effect of distorting civilian death count.

The case of the bound women highlights the issue of accuracy in civilian death counts.  The UN has reported a respectable decrease in civilian casualties for the year 2009/  However, if it is possible that misconceptions of the circumstances surrounding civilian deaths can be accepted as true for an extended period of time, it seems equally possible that the statistics concerning civilian deaths may be skewed.

In another instance of the battles of Nato forces perpetrating violence against civilians, two children were killed and tow more wounded in an eastern region of Afghanistan.  The unreasonable risks to civilians caused by flare-ups between Nato forces and Taliban fighters compelled Nato to place prohibitions on night-raids to reduce harm to civilians.  However, if misconceptions and deception concerning civilian deaths persist, the breadth and possibly excessive breadth of civilian casualties may never be truthfully known.

For more information, please see:

Al-Jazeera – Nato admits Afghan civilian resources – 05 April 2010

BBC – Nato investigates new Afghan civilian deaths – 06 April 2010

Christian Science Monitor – Afghan war: Nato under fire… – 05 April 2010